Suspension of procedural, administrative, prescription and expiry deadlines
In relation to Royal Decree 463/2020, of 14 March, which declares the state of alarm for the management of the health crisis situation caused by COVID-19 (hereinafter, RD 463/2020) and subsequent development and interpretation regulations, the procedural, administrative, prescription and expiry periods are declared suspended; it is interesting to note the following:
SUSPENSION OF PROCEDURAL DEADLINES – RD 463/2020. Second Additional Provision.
It is agreed to declare the suspension of the terms and to suspend and interrupt the procedural periods in all the jurisdictional orders.
The calculation of the suspended terms will be resumed at the moment that the suspension of the RD 463/2020 or any of its extensions is agreed.
Without prejudice to the above, the judge or court may agree to take any legal action deemed necessary to avoid irreparable damage to the parties.
SUSPENSION OF ADMINISTRATIVE DEADLINES – RD 463/2020. Third additional provision.
The terms are declared suspended and the time limits for the processing of procedures of public sector entities are interrupted, and their calculation will be resumed when RD 463/2020 or any of its extensions expires, unless measures of order and instruction are agreed upon, in a reasoned manner, which avoid serious damage to the rights and interests of the interested party in the procedure, under his agreement or if he agrees that the time limit is not suspended.
Without prejudice to the measures adopted in RD 463/2020, it is important to note that the AEAT does not consider such suspension applicable to the deadlines for filing and payment of declarations and self-assessments, which remain in force.
SUSPENSION OF PRESCRIPTION AND EXPIRY PERIODS – RD 463/2020. Fourth additional provision.
The periods of prescription and expiry of any action or right are suspended while the Royal Decree or any of its extensions are in force.
Agreement of 16 March 2020, of the Plenary of the Constitutional Court, in relation to the suspension of the procedural and administrative deadlines during the validity of Royal Decree 463/2020, of 14 March.
Appeals and other documents affecting the various constitutional or administrative processes may continue to be submitted through the electronic register.
Agreement of 13 March 2020, of the Permanent Commission of the General Council of the Judiciary.
In general, those legal actions that, if not carried out, could cause irreparable damage to the interested party, the adoption of precautionary measures or other actions that cannot be postponed and the processes in which the violation of fundamental rights is alleged and which are urgent and preferential are exempted from the suspension.
In the criminal jurisdiction, the suspension will not affect habeas corpus proceedings, urgent internments of article 763 LEC, the actions of guards in the Courts of violence against women, in particular to ensure the issuance of protection orders and any precautionary measures for the protection of women and minors, proceedings with the detainee and others that cannot be postponed, and urgent actions in the area of prison surveillance.
In the contentious-administrative jurisdictional order, neither will the suspension affect health entry authorizations, which are urgent and cannot be postponed, fundamental rights whose resolution is urgent, precautionary and preventive measures that are urgent, and contentious-electoral appeals.
In the social jurisdictional order, the celebration of trials declared urgent by law and urgent and preferential precautionary measures, as well as the processes of EREs and ERTEs are excepted.
Finally, the Civil Registry must provide permanent attention during hearing hours. In particular, it must ensure that burial licences are issued, that births are registered within the prescribed period and that marriages under Article 52 of the Civil Code are celebrated.
THE PROCEDURE TO BE FOLLOWED WHEN THE SUSPENSION OF THE PERIODS PROVIDED FOR IN RD 463/2020 BECOMES EFFECTIVE
In accordance with the third additional provision of RD 463/2020, the calculation of the terms will be resumed at the moment the aforementioned Royal Decree or, if applicable, its extensions, becomes invalid.
In accordance with the provisions of the report from the Subdirectorate General of the Advisory Services of the State Attorney’s Office, dated 20 March 2020, “the procedural deadlines referred to – the 1st paragraph of the 3rd AP of RD 463/2020 – are suspended at the time of the declaration of the state of alarm, and will be resumed for the period remaining when the said state of alarm, whether initial or extended, disappears, without in any case starting again from zero. In other words, they are “resumed” but not “reset”. Given that, as has been said, there are charges for the interested parties, they had the power to complete the procedure in question before the state of alarm was declared, and those days that they let go by are no longer recovered, without prejudice to the fact that, when this exceptional state ends, they will again have the possibility of completing the procedure in the time remaining before the expiry of the deadline“.